Following on from our blog in July advising that the UK Supreme Court had ruled that employment tribunal fees were unlawful due to the limitations they put on access to justice, the pilot scheme for employment tribunal fee refunds has now been completed. Accordingly, the Refund Scheme is now live for claimants and respondents to apply for a refund if they paid fees in respect of a tribunal claim or appeal. This applies to everyone who paid fees since they were introduced four years ago.  

It is estimated that the total cost of refunds will be around £33 million.

How do I apply for a refund?

Anyone who paid a fee to progress a claim in the employment tribunal can apply online for a refund or can use the appropriate forms from those detailed below to apply by post or email:

What will get refunded?

If you paid fees for any of the following then you will be entitled to a refund:

In addition to receiving a refund for the original fee that was paid, applicants will also be paid interest at a rate of 0.5%. This will be calculated from the date of the original payment up until the date the money is refunded.

Dismissed or Rejected Claims due to Non-Payment

There is no information as of yet in relation to the process for Claimants who now wish to pursue claims that were initially dismissed or rejected as a result of non-payment of fees. However, the government has made clear that it will make provisions to deal with such claims. Any interested party can keep a look out on our blog page as more information will hopefully be provided in due course.